Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-28
HELLO HELLOl
THE BELL TELEPHONE CASES IN THE
SUPREME COURT.
The Argument Started - Colonel Hiils
Opening speseh-The Bearing OF
the Gray Patent.
[By telegraph to the Dispatch. J

[By telegraph TO the Dispstchl
WAsHIHaroN, January 21.-The
United States Supreme Courtroom was
crowded this morning when the court
reassembled to continue the hearing OF
argument in the telephone cases. 1t
had been generally understood thai Ly-
sander Hill, who began thespeaklng
yesterday for the Overland and Peoples
companies, would present this morning
charges of fraud in the procurement OF
the Bell patent, which are contained
in his printed brief. This attracted
more than the usual number OF
spectators, partly because there was O
curiosity to hear charges OF this
rather sensational character, and partly
because all interested persons were de-
sirous of knowing what attitude the
Court would take toward this branch OF
the defence. All the counsel for the
respective companies were OF course
present as well MS Professor Elisha
Gray, of Chicago, and Professor Bel
and bis father, who to-day sat within
the bar. Mr. Hill began speak
ing promptly at l2:55 in room
crowded with an attentive audi
encc. fifty or hundred OF whom
were standing in dense throng about
the doors, having been unable to find
seats. Mr.. Hills manner at first was
quiet, and he began speaking in SO low
tone that, notwithstanding the perfect
stiffness, those outside the bar conld
hardly hear enough to intelligently fol-
low his argument. When, however, h.
took up the subject Of the alleged fraud
OF Professor Bell in the procurement of
his patent his manner became some
what more animated and his voice
more sonorous, 50 that he could
be distinctly heard in all parts Of
the room. He began 10y asserting that
Professor Bell had changed the speclii-
cations Of his patent while his applica-
ton was pending. He was proceeding
to explain why these changes were
made, and why, in his judgment, they
amounted to fraud, when he was inter
rupted 10y Justice Miller, who inquired
whether II was not the custom of invent
ors TO change specifications while their
applications were pending. Asheunder-
stood it, inventors in such cases always
tried to improve their specifications
and make them as perfect as possible
before their application was acted
upon. Nh Hill replied that up to GER
tain limits that was true, but not after
the specifications had been definitely
fixed and sworn to. He then proceeded
to argue that the charges alleged in this
case had been made after Professor Bell
had sureptitiously obtained a know
ledge Of the contents of cayeat filed
bv Professor Elisha Gray and
that the changes were intended to
include in his CBell's) patent inventions
which he himself had not made, but
which he had wrongfully appropriated
from the caveat of Professor Gray. At
this point Mr.. Hill was again inter
rlpted by Justice Miller, who inquired:
"Do / understand that you propose TO
setup frauds as a defence in this cause, and
to attach the patent on that ground? "
Mr.. Hill 1--WE do not plead fraud as
a defence, yonr Honor but this is a
court Of equity, and when complain
ants come here and ask for equity they
must do equity-they must come with
clean hands.
Justice Miller: at has been repeat
edly held that patent cannot be at
tackled for fraud IN this court unless
there has been a separate and valid pro-
ceedings upon that ground in the courts
below, n proceeding in which the issue
of fraud has been distinctly made"
This statement from tue bench caused
some sensation in court. Everybody
leaned forward eagerly, and Professor
Bell. with smile on his face, exchanged
significant glances with his counsel
Mr. Hill replied that if the court re-
fused to hear the allegations Of fraud
he would Of course proceed no further
with this part of his argument. There
was moment Of silence. Judge Har-
land then said that, speaking for him
self. he thought the counsel should be
allowed to proceed with his argument
in the manner in which he had planned.
Justice Bradley agreed with this view
Of the case, and said that if the argUl-
ment should he found toraise questions
which it was not proper for the Court
10 consider at this time it could be dis
regarded He was in favor of allowing
Mr. Hill to proceed.
Mr.. Dickerson, of counsel for the Bel
Company, rose, and, with manner
which seemed to say that Hill would
iniure his own clients more than any
body else if he proceeded on this
ground, begged the Court not to inter.
rupt or stop him.
The Chief Justice: Proceed, Mr..
Hill"
Mr.. Hill then resumed his argument.
At the conclusion OF Mr.. Hills argIi-
ment Mr.. Storrow rose to reply for the
American Bell Telephone Company
and in defence of Professor Bell, and
continued his argument until the court
adjourned at p. NJ. 1t is understood
that he will occupy the whole OF to
morrow with a continuation OF th,
opening argument for the Bel Com
| DanV.